On Aug. 20, 2010, plaintiff Mark Webb, a retired 59 year old, became involved in an altercation with Andre Mollmann on 19th Street in Santa Monica. Webb claimed Mollmann punched him several times without provocation, causing to his head, neck and back, as well as to a tooth and left finger. Webb sued Andre Mollmann; his employer, A&M Construction; and the owner of A&M Construction, Andre Mollmann’s father, Arnold Mollmann. Webb alleged that Andre Mollmann’s actions constituted assault and battery. He also alleged that A&M Construction and Arnold Mollmann were vicariously liable for the actions of their employee, Andre Mollmann. Arnold Mollmann and A&M Construction were ultimately dismissed from the case on summary judgment after it was learned that Andre Mollmann was not employed by Arnold Mollmann or A&M Construction. Thus, the matter proceeded to trial against Andre Mollmann only. Andre Mollmann, appearing pro se, denied he attacked Webb without provocation and claimed self-defense., Webb sustained a fracture of the top, left first molar tooth, and lacerations to his left hand and head. He also complained of pain in his neck, back and left finger. Webb was subsequently taken by ambulance to a local emergency room, where he underwent X-rays and was released with instructions to follow up with an orthopedist and a dentist. Webb was diagnosed with a transverse laceration of the dorsum of his left, middle finger and soft-tissue to his neck and back. He ultimately had a crown placed on his fractured tooth and underwent three months of physical therapy to address his back and neck . Webb also underwent a period of therapy to address his hand injury. Webb claimed he suffered a loss of mobility as a result of his spinal . He also claimed he suffered emotional distress, causing him to have difficulty sleeping, as a result of the incident. Thus, Webb sought recovery of damages for his past and future medical expenses, and past and future pain and suffering.